In 10 minutes, we’ll be getting the final #SCOTUS decisions for the term. Two sets of cases remain outstanding: one set is the Voting Rights Act cases out of Arizona and the other addresses donor disclosure requirements in California.
BREAKING: Brnovich is first. Alito, for a 6-3 court, upholds both Arizona voting restrictions. More to come. supremecourt.gov/opinions/20pdf…
Important from the majority: The Supreme Court "decline[s] in these cases to announce a test to govern all VRA §2 claims involving rules, like those at issue here, that specify the time, place, or manner for casting ballots."
Here are the factors the majority lays out:
More to come later.
Breaking: In a second 6-3 decision on Thursday, the Supreme Court's conservative majority strikes down California's donor disclosure requirement for charitable organizations as a First Amendment violation. Roberts has the opinion for the court: supremecourt.gov/opinions/20pdf…
The ins and outs of the decision in Americans for Prosperity v. Bonta are a bit more complicated, as the lineup suggests, but the bottom line is 6-3 with the liberals in dissent.
Back to the voting rights case for now.
The Supreme Court majority explicitly rejects disparate impact claims — often used in employment and housing discrimination cases — in Section 2 VRA cases.
Alito, characteristically, is mad. Even in writing the majority opinion for the Court.
Just an incredible paragraph, in which Alito — writing for the Supreme Court's conservative majority — acknowledges that Arizona "leads other States" in rejecting out-of-precinct ballots because they keep changing things on voters, and then is like, "So?"
Here's the court's conclusion about the out-of-precinct provision.
Amazing long game from the Republicans here. Commit election fraud in order to give Sam Alito an election fraud case that he can use to justify "election fraud" as a rationale for passing a law somewhere else where there is no evidence of election fraud.
After upholding both provisions on Section 2 "effects" challenges — and making such challenges more difficult going forward — the Court also upholds the "ballot harvesting" ban from a discriminatory "purpose" challenge.
My god. Gorsuch, joined by Thomas, suggests that VOTERS might not be allowed to bring lawsuits to enforce their rights under Section 2 of the Voting Rights Act.
TOTALLY NORMAL DEMOCRACY, FOLKS!
Alito, for the 6-justice conservative majority (left), is real mad that Kagan, for the 3 more liberal justices (right), apparently went way off track in her dissent. What did she do, you ask? Detail the history and practices that got us here. Oh.
Heh. As Kagan aptly notes.
"Yet efforts to suppress the minority vote continue. No one would know this from reading the majority opinion." It is impossible, Kagan reminds the Court—and the country—to read today's decision without an understanding of what the Roberts Court did to Section 5 in Shelby County.
And, of course, Kagan notes that it is still going.
For the dissenters, Kagan sums up the current problem and what the Supreme Court does today in two brief paragraphs in the middle of her dissent.
JUST IN: Biden statement on today's Voting Rights Act #SCOTUS decision: "Democracy is on the line."
NEW: In light of today's ruling, House Judiciary leaders Nadler and Cohen say they are working on "an updated John R. Lewis Voting Rights Advancement Act."
Back to Kagan. Responding to Alito: "Nothing—literally nothing—suggests that the Senate wanted to water down the equal-access right that everyone agreed the House’s language covered. So the majority is dead wrong to say that I want to 'undo' the House-Senate compromise."
Here's Kagan on the majority's ruling itself.
Here's her conclusion.
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NEW: Alito continued, as of the end of 2023, to own shares of more than 25 companies' stocks.
Under our "financial disclosure" system, we learned of Alito's 12/31/23 stock holdings in a delayed report not filed until 8/13/24 and not posted until today. documentcloud.org/documents/2510…
As you might recall, Law Dork reported on two of Alito's stock trades earlier this year, when a "Periodic Transaction Report" revealed that he sold at least some of his stock in Anheuser-Busch and bought stock in Molson Coors on 8/14/23. lawdork.com/p/alito-bud-li…
In today's posted annual disclosure, we confirm that Alito sold *all* of his Anheuser-Busch stock that day when he replaced it with Molson Coors stock.
Background: Here's my Law Dork report on the July Supreme Court immunity ruling. lawdork.com/p/robertss-maj…
Jack Smith added "private" to all of the co-conspirators, to highlight their clearly non-official roles — and got rid of Jeffrey Clark, the DOJ guy who was willing to be acting AG and pursue Trump's fake election fraud claims if Trump let him.
NEWS: The ACLU has filed their brief at the Supreme Court on behalf of the plaintiffs challenging Tennessee's ban on gender-affirming medical care for minors.
Here's the ACLU brief, calling on the Supreme Court to vacate the Sixth Circuit's ruling from last year holding that the Tennessee ban is likely constitutional: supremecourt.gov/DocketPDF/23/2…
DOJ's brief is also due today. I'll have more at Law Dork after it is in.
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BREAKING: SCOTUS, on a 5-4 vote, allows Arizona to enforce AZ law requiring "documentary proof of citizenship" to register to vote on state forms, but, over 3 noted dissents, keeps other parts of the law blocked applying that requirement to those registering w/ the federal form.
BREAKING: The Eighth Circuit blocks the Biden administration from implementing the SAVE student loan forgiveness program. The court previously issued an administrative stay blocking the program. media.ca8.uscourts.gov/opndir/24/08/2…
This three-judge panel was all Republican appointees (but that's not really a surprise, given the fact that there's only one Democrat on the Eighth Circuit).
I will have more on this, a complicated set of cases in which one is already pending on the SCOTUS shadow docket and that has very real, day-by-day effects on people while this remains in litigation.